New Legal Details Emerge on City Sidewalk Repair Settlement
by Joe Linton
According to Kara Janssen, an attorney for the Disability Rights Legal Center, “[the settlement] is now public because it has been fully executed by all parties and was filed as part of our motion for preliminary approval, which is a necessary step in class-action settlements. It is not yet in effect because the court still has to approve it once class members have received notice and had time to file objections.”
The details are primarily contained in a joint motion [PDF], exhibits [PDF], and a settlement agreement [PDF], all filed today.
Here is the overall summary:
The proposed Settlement requires the City of Los Angeles (“the City”) to expend in excess of $1.367 billion over 30 years to make its public sidewalk and crosswalk system accessible to persons with mobility disabilities. It will require the City to install, repair, and upgrade curb ramps; repair sidewalks and walkways damaged by tree roots; repair broken or uneven pavement; correct non-compliant cross-slopes in sidewalks; install tree gates and missing utility covers; and remediate other inaccessible conditions. The proposed Settlement will also permit Class Members to submit requests for access repairs such as curb ramp installations and tree root fixes at specific locations, which the City will use its best efforts to remediate within 120 days of receiving the request. In addition, the proposed Settlement calls for the hiring of an ADA Coordinator for the Pedestrian Right of Way, and includes effective reporting, monitoring and dispute resolution mechanisms.
There is an extensive list of types of sidewalk repairs the city will perform:
- (a) Installation of missing curb ramps;
- (b) Repair of damage caused by tree roots to sidewalk or walkways surfaces;
- (c) Upgrading of existing curb ramps;
- (d) Repair of broken and/or uneven pavement in the pedestrian rights of way (including utility covers and repair covers) deeper and/or wider than 1/2 inch;
- (e) Repair of vertical or horizontal displacement or upheaval of the sidewalk or crosswalk surface greater than 1/2 inch (including sidewalk flags, curbs and utility covers);
- (f) Correction of non-compliant cross-slopes in sidewalks or sections of sidewalks
- (g) Removal of protruding and overhanging objects and/or obstructions that narrow pedestrian rights of way to less than 4 feet of accessible width;
- (h) Widening of pedestrian rights of way and sections thereof to provide 4 feet of accessible width;
- (i) Providing 4 feet of clearance to the entrances of public bus shelters;
- (j) Repair of excessive gutter slopes at the bottom of curb ramps leading into crosswalks;
- (k) Elimination of curb ramp lips on curb ramps;
- (l) Installation of accessible tree grates, or other compliant remediation, where such grates are missing from tree wells;
- (m) Installation of missing utility covers where such covers are missing from sidewalks, crosswalks or pathways; and
- (n) Remediation of other non-compliant conditions.
- within one year, hire an “ADA Coordinator for the Pedestrian Right of Way” whose responsibilities will include: generating twice-annual status reports on sidewalk repair progress, and recommending city policies and procedures to overcome barriers to access.
- within two years, create and maintain a publicly-available database listing and mapping completed and requested repairs and improvements.
- within two years, provide an “Access Request Program” that disabled people can use to submit requests for repairs in specific locations. Initially 20 percent of the city’s annual settlement funding will be targeted to fulfilling these requests.